updates Direct VA upload open to the Veteran; Proposed Reduction

[Andrea Freeland]

Hello.  I am trying to submit evidence to refute a claim by the VA that my condition has improved, by uploading additional medical records proving to the contrary.  The VA sent me a letter that says they propose reducing my VA disability rating by 10% or reduce my payment roughly $200 a month unless I provide my documentation stating my condition is still around.  So now I am trying to upload my docs and file my "appea;" not sure what to call this process).  However, when I go to AccessVA, it keeps taking me into this "circle" of logging into IDme (which I did), verifying my identity, taking me to AccessVA, I click on Direct Upload, and it takes me back to a page called Centralized Mail Portal.  I click on the Single Sign-On button, but then it takes me back to the page on how the VA verifies my identity, which I use IDme, so it takes me back there to log back into that....Basically, I go around in this circle, and never am able to get to Direct Upload.  Has anyone experienced this?  The VA gave me 60 days an I have been struggling with this website, as well as finding someone to help me file.  Has anyone experienced this or have any way to help me?  Thanks so much.  Andrea Freeland, USAF (ret) 

[broncovet]

Andrea:

    Welcome to hadit.  I split your post into a new post so that you may get more responses.  In the future, please ask a new question in a new topic, its less confusing to people who respond.   This is my respones to your question:

 

    It sounds like you have received a proposed reduction based that your condition has improved.  In the past, I "counted on" ebenefits uploads submitting new claims, and, even with a confirm number, VA said they received no such claim.  

    For that reason, I recommend ALSO mailing your new evidence.  Yes, it takes longer, but you can send it certified mail return receipt requested and be sure VA receives it.  

     I have had 2 proposed reductions, and I beat them both (the reduction never happened).  You have the right idea, respond to the proposed reduction AND ASK FOR A HEARING if necessary.  

     I would recommend you write a clear, concise letter as to "why" you dispute this proposed reduction, maybe something similar to this:

Use your own evidence, exams, dates, and circumstances, this is just an example"

       RE: Proposed Reduction Dated mm-dd-yy

      I am in dispute of the proposed reduction as my condition(s) have not improved, contrary to the above Proposed Reduction letter.  

Instead, on exam date mm-dd-yy, Dr. J reported "the Veterans symptoms have gotten worse, noting (new symptom1, new symptom 2)"

      Further, this does not meet the criteria for reduction in 38 CFR 3.344 as follows:

1.  The VA cited a "single" exam, which was less thorough than the c and p exam which granted benefits. (cite day of c and p exam).  

....other reasons it does not meet the criteria in the following regulation:

 

Quote

§ 3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

    Have you been rated 5 years or longer, or are you P and T?